Title 118 · ORS Chapter 118

118.145. ����� (7) Payment, in whole or in part, of estate taxes from funds of an estate or trust on any benefit subject to tax under ORS 118.005 to 118.540 is not to be considered a further taxable

Citation: ORS 118.145

Section: 118.145

118.145.

����� (7) Payment, in whole or in part, of estate taxes from funds of an estate or trust on any benefit subject to tax under ORS 118.005 to 118.540 is not to be considered a further taxable benefit, when such payment is directed by the decedent�s will or by a trust agreement.

����� (8)(a) If the federal taxable estate is determined by making an election under section 2031(c), 2032, 2032A, 2056 or 2056A of the Internal Revenue Code or another provision of the Internal Revenue Code, or if a federal estate tax return is not required under the Internal Revenue Code, an executor may make separate elections for state estate tax purposes under that same provision.

����� (b) An executor may make elections under ORS 118.013, 118.140 and 118.145 and section 2056 of the Internal Revenue Code for state estate tax purposes.

����� (c) Elections described in this subsection are irrevocable. [Amended by 1955 c.727 �1; 1959 c.418 �1; 1965 c.470 �1; 1969 c.591 �213; 1975 c.685 �3; 1977 c.666 �2; 1997 c.99 �7; 2003 c.806 �6; 2011 c.526 �3; 2023 c.286 �3; 2025 c.577 �2]

����� 118.013 Taxable estate adjustment for Oregon special marital property; rules. (1) As used in this section and ORS 118.016, �permissible distributee� has the meaning given that term in ORS